Shakespeare (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), brought by Jessica Ann Elizabeth Shakespeare against the Minister for Immigration, Citizenship and Multicultural Affairs. The dispute before the Administrative Appeals Tribunal (the Tribunal) centred on whether the applicant had provided sufficient evidence of her criminal history, and that of her sponsor, to satisfy the relevant visa requirements.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether she had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. This involved assessing the adequacy of the police certificates provided by both the applicant and her sponsor.

The Tribunal considered police certificates from the Australian Federal Police for both the applicant and the sponsor, confirming no disclosable court outcomes in Australia. Additionally, the applicant provided a UK Police Certificate indicating no criminal history, and the sponsor provided a certificate from the U.S. Department of Justice, Federal Bureau of Investigation, which stated no prior arrest data at the FBI level but did not preclude state or local criminal history. The Tribunal found that the applicant had provided a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration. The Tribunal directed that the applicant met the criteria under regulation 2.03AA(2) for the visa.